HomeMy WebLinkAbout2024-11-19; City Council; Resolution 2024-253RESOLUTION NO. 2024-253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO RATIFY
AMENDMENT NO. 1 TO THE AGREEMENT WITH ENGINEERING SYSTEMS INC.
FOR THE STORM-RELATED LOCAL EMERGENCY REPAIR OF THE SLOPE
BETWEEN EL CAMINO REAL AND TRIESTE DRIVE
WHEREAS, the City Council of the City of Carlsbad, California determined it was necessary,
desirable and in the public interest to expedite the emergency repair of the slope between El Camino
Real and Trieste Drive; and
WHEREAS, the City Council empowers the City Manager, as Director of Emergency Services, to
proclaim the existence of a local emergency when the city is affected by a public calamity and the City
Council is not in session; and
WHEREAS, conditions or threatened conditions of extreme peril to the safety of persons and
property arose within the City of Carlsbad caused by an unexpected slope movement with potential to
affect nearby property, infrastructure and the environment; and
WHEREAS, on Feb. 14, 2024, the City Manager/Director of Emergency Services proclaimed a
storm-related local emergency for repair of the slope between El Camino Real and Trieste Drive,
generally behind the backyards of four residential properties that front onto Trieste Drive (4215 -4245
Trieste Drive); and
WHEREAS, Carlsbad Municipal Code Section 3.28.ll0(A) implements California Public Contract
Code Section 22035 and provides an exemption from formal bidding procedures for emergency
construction procurements, and to use the emergency exemption, Carlsbad Municipal Code Section
3.28.120 and Public Contract Code Section 22050 require a proclamation of a local public emergency
by a four-fifths vote of the City Council, or by the City Manager subject to ratification by a four-fifths
vote of the City Council at the next City Council meeting; and
WHEREAS, on Feb. 15, 2024, the City Council ratified the proclamation of a local emergency as
the emergency proclamation and emergency exemption are appropriate in this instance because the
emergency work appears to be caused by unexpected slope movement, which could pose a threat to
the public, property, infrastructure and the environment; and
WHEREAS, a contractor commenced the emergency work on March 12, 2024, and completed
the emergency work on July 12, 2024; and
WHEREAS, on May 8, 2024, the City Council authorized an agreement with Engineering Systems
Inc. to provide geotechnical engineering consultant services for the slope repair work for a period of
one year, in an amount not to exceed $190,250 in accordance with the emergency proclamation; and
WHEREAS, on July 16, 2024, the City Council terminated the emergency proclamation; and
WHEREAS, staff request that the City Council authorize the City Manager or designee to ratify
Amendment No. 1 to the agreement with Engineering Systems Inc. for geotechnical engineering
services for the emergency repair of the slope between El Camino Real and Trieste Drive in an amount
not to exceed $235,000; and
WHEREAS, the City Planner has determined that this action does not require environmental
review because it does not constitute a project within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause
either a direct physical change or a reasonably foreseeable indirect physical change in the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager or designee is hereby authorized to ratify Amendment No. 1 to
the agreement with Engineering Systems Inc., for the storm-related local emergency
repair of the slope between El Camino Real and Trieste Drive, provided as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of November, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Docusign Envelope ID: 705243DE-5A 17-4926-AE1 C-1994E8O50FF7
Attachment A
PSA24-3434TRAN
RATIFICATION OF AMENDMENT NO. 1 TO AMEND THE AGREEMENT FOR TRIESTE SLOPE EMERGENCY
REPAIR PROJECT
ENGINEERING SYSTEMS INC. WEST COAST OPERATIONS
This Ratification of Amendment No. 1 is entered into as of the ';,--0 day of
~ b\/ e."(\A, l.c)c.< . 2024, but effective as of the 1st day of July, 2024, ratifying the
amendment of the agreement dated May 8, 2024 (the "Agreement"), by and between the City of Carlsbad,
California, a municipal corporation ("City"), and Engineering Systems Inc. West Coast Operations, an
Illinois corporation ("Contractor") (collectively, the "Parties") for engineering design and environmental
assessment and permitting.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include additional
engineering design and environmental assessment and permitting; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee
(Amended).
C. The Parties desire to ratify any amended scope of work already performed by the
Contractor without the benefit of this Amendment.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. The retroactive amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, as may have been amended
from time to time, Contractor will provide those services described in Exhibit "A".
3. City will pay Contractor for all work associated with those services described in Exhibit "A"
on a time and materials basis not-to-exceed two hundred thirty-five thousand dollars ($235,000).
Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours
performed, hourly rates, and related activities and costs for approval by City.
4. With this Amendment, the total annual Agreement amount shall not exceed four hundred
twenty-five thousand two hundred fifty dollars ($425,250).
5. Contractor will complete all work described in Exhibit "A" by May 7, 2025.
6. All other provisions of the Agreement, as may have been amended from time to time, will
remain in full force and effect.
7. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this Amendment.
City Attorney Approved Version 5/22/2024
1
Nov. 19, 2024 Item #3 Page 6 of 12
Docusign Envelope ID: 705243DE-5A17-4926-AE1C-1994E8O50FF7
PSA24-3434TRAN
8. The individuals executing this Amendment and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and actual authority to
bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
ENGINEERING SYSTEMS INC. WEST COAST
OPERATIONS, an Illinois corporation
By:
(sign here)
Will R. Pinkston, President
(print name/title)
By :
(sign here)
Brigid Loftus, Secretary
(print name/title)
By:
RLSBAD, a municipal corporation of
e o California
$CAr,, ~v4,e,'t(.., C.~1"'/ M~f.;;6-t~
ATTEST:
SHERRY FREISINGER, City Clerk
By:
Deputy City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: &iLU. Rt.mY-.
Assistant City Attorney
City Attorney Approved Version 5/22/2024
2